Physical examination in connection with claim for total disability benefits may be made by a medical officer of the United States Army, Navy, Air Force, or Public Health Service, or may be made at Government expense by a full-time or part-time salaried physician or physician's assistant at a regional office or medical facility of the Department of Veterans Affairs. If an insured is unable to travel, because of physical or mental condition, the Director of a regional office or of a medical facility may, on his or her own initiative or at the request of the Insurance activity concerned, authorize at Government expense examination at the residence of the insured. The Secretary of Veterans Affairs may require such further medical examination or such additional medical evidence as may be deemed necessary and proper to establish the physical and mental condition of the insured.
(Authority: 38 U.S.C. 1912(b))
[47 FR 11659, Mar. 18, 1982. Redesignated at 61 FR 29290, June 10, 1996. Redesignated at 65 FR 7437, Feb. 15, 2000]
Notes of Decisions
Mitchell v. United States, 111 F. Supp. 104 (D.N.J. 1952).
“That date was within three months after lapse and raises the obvious question of whether his application for reinstatement made on April 14, 1950 should not have been regarded as a continuing one and have entitled him to reinstatement under the comparative health requirements of…”
Heritage Pullman Bank & Trust Co. v. United States, 480 F. Supp. 54 (N.D. Ill. 1979).
“The gist of plaintiff’s position is that Cartwright met the comparative health requirements specified in 38 C.F.R. § 8.23 (1958) because he was in as good health on the date of his application for reinstatement as he was on the date his policy was originally issued.”
Marion Ferrill Tupper & Clara Tarbell Tupper v. United States, 270 F.2d 681 (5th Cir. 1959).
· cites it 2× “The applicable regulation of the Veterans Administration, 38 CFR 8.23, provides, in part: 6 “National Service life insurance on any plan may be reinstated * * * -X* 'X* -X* -X- *» “ * * Provided the applicant be in as good health on the date of the application and tender of…”
Myers v. United States, 112 F. Supp. 809 (E.D. Mo. 1953).
“38 C.F.R. §§ 8.23 , 8.24. Defendant, on the information in plaintiff’s application, was required to and did reject the application for reinstatement of his insurance.”
Connelly v. Brown, 8 Vet. App. 84 (Vet. App. 1995).
“According to 38 C.F.R. § 8.23 (1994), National Service life insurance on any plan may be reinstated if application and tender of premiums are made: (a) Within 6 premium months including the premium month for which the unpaid premium was due, provided the applicant be in as good…”
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